Question: Resolved, That the Executive Council of Massachusetts should be abolished.
Brief for the Affirmative.
J. WIGGIN and F. L. YOUNG.Best general references: Trask, Adjusted Constitution of Massachusetts, pp. 22, 23, 72-78; Von Holst, Constitutional Law, 287 and note; Gitterman in the Pol. Sci. Quarterly, VII. pp. 80-115 (Jan. 1892); Bryce's Amer. Common wealth, I Chap. 21 and 41; Fiske, Civil Gov't., 161-164; Boston Herald, Gov. Russell's Inaugural, Jan. 9. 1891, Herald, Jan. 6, 20, 21, 28, 29, Feb. 4, 16, 27, 28; March 3, 31; Apr. 1, 8, 11, 14, 1893; Boston Globe, Gov. Russell's Inaugural, Jan. 8, 1892.
I. The Executive Council is a relic of Colonial government: Fiske, Civil Gov't., pp. 161-164; Nation, LII, 251 (Mch. 26. 1891). - (a) The crown governors had been arbitary; - (b) The people feared to put the executive power in the hands of one man.
II. It is opposed to the modern theory of the executive: Boston Herald. Jan. 25, 1892; Gitterman in Pol. Science Quarterly, VII, p. 90, (Jan. 1892.) - (a) It divides responsibility: Boston Globe, Jan. 8, 1892; Nation LIII, 39, (July 16, 1891). - (b) A single executive head has been adopted. - (1) in the fed. govt. - (2) In all but three states. - (3) In the best governed municipalities.
III. It has worked badly in practice. - (a) The powers of the governor have been usurped. Boston Herald, April 11, 1893; - (1) Of nomination: - (2) Of removal. - (b) Governors and councils frequently opposed in politics. - (c) State officers are responsible to nobody: Boston Globe, Jan, 8, 1892.
IV. Its functions of confirmation could be as well exercised by the Senate: Boston Globe, Jan. 8, 1892.
Brief for the Negative.
S. M. BALLOU AND A. F. COSBY.Best general references: Middlesex Club dinner, in Boston Herald, Feb. 26, 1893; Debate in Mass. General Court, in Boston Herald, Feb. 15, 1893.
I. The Executive Council has been satisfactory in the past. - (a) It was the first bitter experience with one man power. - (b) The colonial council was introduced into the state. - (c) It was favorably considered by the convention of 1853. - (d) It is endorsed by no less than five living ex-governors. - (e) Never until lately has there been trouble.
II. The Council is an integral part of the constitution of Mass. - (a) It is part of the executive branch. - (b) It aids and advises the governor in appointments. - (c) Its special committees are invaluable to the governor; - (1) that on pardons. - (2) that on accounts. - (d) It keeps the governor from abusing his power.
III. The Council is an aid to Civil Service Reform. - (a) By often preventing partisan appointments. - (b) By raising the standard of all appointments.
IV. Its abolition is not demanded by the people. - The general Court rejected the amendment to abolish it. - (b) The present demand is purely partisan.
V. Its powers can be altered to meet any present conditions, - (a) To give the governor alone the power of removal from office, while retaining power of rejecting nominations: case of President and Senate.
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